46-740.

Ground water allocation; limitations and conditions.

(1) If allocation is adopted for use of ground water for irrigation purposes in a management area, the permissible withdrawal of ground water shall be allocated equally per irrigated acre except as permitted by subsections (4) through (6) of section 46-739. Such allocation shall specify the total number of acre-inches that are allocated per irrigated acre per year, except that the district may allow a ground water user to average his or her allocation over any reasonable period of time. A ground water user may use his or her allocation on all or any part of the irrigated acres to which the allocation applies or in any other manner approved by the district.

(2) Except as permitted pursuant to subsections (4) through (6) of section 46-739, if annual rotation or reduction of irrigated acres is adopted for use of ground water for irrigation purposes in a management area, the nonuse of irrigated acres shall be a uniform percentage reduction of each landowner's irrigated acres within the management area or a subarea of the management area. Such uniform reduction may be adjusted for each landowner based upon crops grown on his or her land to reflect the varying consumptive requirements between crops.

(3)(a) If allocations to any municipality have been made prior to November 1, 2005, such allocations shall remain in full force and effect, but may be amended by the appropriate natural resources district. Unless allocations have been made prior to November 1, 2005, no integrated management plan, rule, or order shall limit the use of ground water by a municipality, within an area determined by the Chief Water Officer to be fully appropriated pursuant to section 46-714 or designated as overappropriated pursuant to section 46-713, except that on and after January 1, 2026, any new or expanded commercial or industrial user served by a municipal water source that commences water use at a rate in excess of twenty-five million gallons annually, expands water use to a rate in excess of twenty-five million gallons annually, or at any time exceeds water use of twenty-five million gallons annually shall be subject to the controls of an integrated management plan, rule, or order and provide a mitigation report to the natural resources district within which such user is located. The mitigation report shall include (i) annual water use, (ii) annual volume of water returned to the municipal system or discharged to another location, (iii) source of water used to mitigate the new or expanded consumptive use, and (iv) any other information deemed necessary by the applicable natural resources district or the Chief Water Officer. The mitigation report shall be approved by the applicable natural resources district and the Chief Water Officer prior to January 1, 2026, or prior to commencement of the new or expanded use.

(b) Each integrated management plan, rule, or order within an area determined by the Chief Water Officer to be fully appropriated pursuant to section 46-714 or designated as overappropriated pursuant to section 46-713 may require annual water use and water consumption reporting from municipalities.

(4) Unless an integrated management plan, rule, or order is established, adopted, or issued prior to November 1, 2005, no integrated management plan, rule, or order shall limit the use of ground water by a nonmunicipal commercial or industrial water user within an area determined by the Department of Natural Resources as it existed prior to July 1, 2025, or the Chief Water Officer to be fully appropriated pursuant to section 46-714 or designated as overappropriated pursuant to section 46-713, until January 1, 2026, except that:

(a) Prior to January 1, 2026, the minimum annual allocation for a nonmunicipal commercial or industrial user shall be the greater of either (i) the amount specified in a permit issued pursuant to the Industrial Ground Water Regulatory Act or (ii) the amount necessary to achieve the commercial or industrial use, including all new or expanded uses that consume less than twenty-five million gallons annually. Any increases in the consumptive use of water by a nonmunicipal commercial or industrial water user that result in a decrease in streamflow shall be addressed by the integrated management plan pursuant to controls or incentive programs adopted pursuant to section 46-715;

(b) Prior to January 1, 2026, any new or expanded single commercial or industrial development served by a nonmunicipal well within an area determined by the Department of Natural Resources as it existed prior to July 1, 2025, or the Chief Water Officer to be fully appropriated pursuant to section 46-714 or designated as overappropriated pursuant to section 46-713 which, after July 14, 2006, commences water use resulting in the consumptive use of water in amounts greater than twenty-five million gallons annually may be subject to controls adopted pursuant to section 46-715. This subdivision does not apply to a water user described in this subdivision that is regulated by the Industrial Ground Water Regulatory Act and the United States Nuclear Regulatory Commission;

(c) On and after January 1, 2026, the base amount for an annual allocation to a nonmunicipal commercial or industrial user within an area determined by the Chief Water Officer to be fully appropriated pursuant to section 46-714 or designated as overappropriated pursuant to section 46-713 shall be the amount specified in subdivision (4)(a) or (b) of this section;

(d) On and after January 1, 2026, increases in the consumptive use of water by a nonmunicipal commercial or industrial water user that result in a decrease in streamflow shall be subject to the controls of an integrated management plan, rule, or order; and

(e) Any reduction in consumptive use associated with new nonmunicipal industrial or commercial uses of less than twenty-five million gallons, during the period between July 14, 2006, and January 1, 2026, shall accrue to the benefit of the natural resources district within which such nonmunicipal industrial or commercial user is located.